A Transcription of the 1860 Indenture from Cottage adjoining Elizabeth Jane Cottage
Start page 1 THIS INDENTURE made the fifteenth day of February in the year one thousand Eight hundred and sixty BETWEEN RICHARD PARKINSON of Thorpe in the Township of Fylingdales in the County of York yeoman of the first part GEORGE GRANGER the younger late of Robin Hood's Bay in the said Township but now of Hartlepool in the County of Durham Joiner hereinafter described as the said Vendor" of the second part and NATHAN HEWSON of Robin Hood's Bay aforesaid shipowner hereinafter described as "the said purchaser" of the third part WHERAS by an Indenture dated the ninth day of October one thousand Eight hundred and fort seven and made between George Cummings of the first part the said Vendor of the second part and George Granger the Elder of the third part The messuage and hereditaments hereinafter described and hereby granted were oonveyed and assured to such uses for such Estates and in such manner as he the said Vendor should by any deed or deeds appoint And in default of and until such appointment and so far as no such appointment should Extend To the use of the said Vendor and his assigns during his life without impeachment of waste with remainder to the use of the said George Granger the Elder and his heirs during the life of the said Vendor In Trust for him and his assigns with remainder To the use of the said Vendor his heirs and assigns for ever AND WHEREAS by an Indenture dated the fifteenth day of August one thousand Eight hundred and forty Eight and made between the said Vendor of the one part and the said Richard Parkinson of the other part the messuage and hereditaments hereinafter described and hereby granted were with the appurtenances appointed unto and to the use of the said Richard Parklnson his heirs and assigns subject to redemption by the said Vendor his heirs executors administrators or assigns on payment to the said Riohard Parkinson his Exeoutors administrators or assigns of the sum of one hundred pounds with interest at the time and in manner therein mentioned AND WHEREAS the said Vendor lately contracted with the said Purchaser for the absolute sale to him of the said messuage and hereditamnnt hereinafter described and hereby granted and the inheritance thereof in fee simple free end page 1 start page 2? from inoumbrances at or for the price or sum of one hundred and seventy pounds AND WHEREAS the said sum of one hundred pounds and all interest thereon have been paid to the said Richard Parkinson as he doth hereby admit and acknowledge but no reconveyance of the said messuage and hereditaments hereinafter described and hereby granted hath been executed NOW THIS INDENTURE WITNESSETH that in pursuance of the said recited contract and in consideration of the sum of one hundred and seventy pounds of lawful money of the United Kingdom paid by the said Purchaser to the said Vendor on the Execution of these presents the receipt of which sum he doth hereby acknowledge and of and from the same doth hereby acquit and release the said Purchaser his heirs Executors administrators and assigns the said Richard Parkinson by the direction of the said Vendor, testified by his Executing these presents DOTH hereby grant and convey and the said Vendor by virtue and in exercise of the power given to him by the first hereinbefore in part recited Indenture and of every other power hereunto enabling him in this behalf DOTH by this deed appoint and DOTH hereby also grant and confirm unto the said Purchaser and his heirs ALL THAT messuage or dwellinghouse situate standing and being in a place called Little Pitts in Rotten Hoods Bay aforesaid numbered "xx" late in the occupation of Oliver Moorsom the younger but now of the said Purchaser Bounded by a private way or road leading from the highroad between Robin HOODS BAY aforesaid and Whitby to the Said messuage on or towards the North by another private road leading from a place called the square unto the last mentioned highroad on or towards the South by property late belonging to the said George Cummings but now to Moses Bell on the East and by a dwellinghouse lets belonging to the said George Cummings but now to William Russell on or towards the West AND ALSO ALL THAT place or parcel of ground now enclosed at the North North East or back part of the said messuage and hereditaments hereby granted twelve feet square TOGETHER with rights or way and passage to and for the said Purchaser his heirs and assigns and the owners for the timeof the said messuage and hereditaments hereby end page 2 start p3 granted and his and their tenants agents servants and workmen to pass and repass at all times with or without horses cattle carts and carriages upon over and along the said two private roads or ways situate on the North and South sides respectively of the said messuage and TOGETHER with one undivided moity of the West Wall of the said messuage PROVIDED that the said Mose Bell his heirs and assigns may rest timber and any other materials in or upon the East end of the said messuage hereby granted and TOGETHER ALSO with all and singular houses outhouses edifices buildings ways paths passages waters watercourses rights members profits privileges and appurtenances whatsoever to the said messuage and heriditaments hereby granted belonging or in anywise appertaining or used or enjoyed therwith or accepted reputed deemed taken or known as part parcel or member therof or any part thereof AND the reversion and reversions remainder and remainders yearly and other rents issues and profits thereof AND all the estate right title interest property claim and demand whatsoever of the said Richard Rarkinson and the said Vendor and each of them in to and out of the said messuage and hereditaments and every part thereof AND all deeds evidences and writings relating to or concerning the said messuage and hereditaments or any part thereof now and in the custody or power of the said Richard Parkinson or the said Vendor or either of them or which they or either of them can and may obtain or procure without suit TO HAVE and TO HOLD the said messuage hereditaments and all other premises hereby granted unto and to the use of the said Purchaser his heirs and assigns for ever he the said Purchaser having intermarried with his present wife Bekey Hewson on or about the seventeenth day of August one thousand Eight hundred and forty one AND the said Richard Parkinson doth hereby for himself his heirs Executors and administrators covenant and declare with and to the said Purchaser his heirs and assigns that he the said Richard Parkinson hath not at any time heretofore made done executed committed or knoweingly(sic) suffered or been privey to any act deed matter or thing whatsoever or by reason or means whereof the said messuage and hereditaments hereby granted or any end of page 3 start page 4 part thereof are is can shall or may be conveyed assured impeached charged or in anywise incumbered AND the said Vendor doth hereby for himself his heirs Executors and administrators covenent with the said Purchaser his heirs and assigns in manner following - that is to say - that (notwithstanding any act deed matter or thing whatsoever by the said Vendor or any person lawfully claiming or to claim through under or in trust for him at any time or times heretofore made done committed or suffered or known to the contrary) they the said Richard Parkinson and the said Vendor or one of them now at the time of the execution of these presents have or hath in themselves or himself good right full power and lawful and absolute authority to appoint grant and assure the said Purchased premises and every part thereof unto and to the use of the said Purchaser his heirs and assigns in manne aforesaid and according to the true intent and meaning of these presents AND FURTHER that it shall be lawful for the said Purchaser his heirs and assigns at all times hereafter peaceable and quietly to enter into and to hold posess and enjoy the same premises and to receive and take rents and profits thereof to and for his and their own use absolutely without any eviction or denial whatsoever of from or by the said Vendor or any person or persons lawfully claiming or to claim as aforesaid AND that fee and clear or otherwise by the said Vendor his heirs Executors or administrators well and sufficiently safe harmless and kept indemnified of from and against all estates rights titles charges and incumbrances whatsoever at any time or times heretofore or to be heafter had made done occasioned or suffered by the said Vendor or any person or persons lawfully claiming or to claim as aforesaid AND MOREOVER that he he said Vendor and all and every person and persons whatsoever having or lawfully claiming or who shall or may have or lawfully claim any estate right title or interest in to or out of the said purchased premises or any part thereof by from through under or in trust for him shall and will at any time or times hereinafter at the request and costs of the said Purchaser his heirs or assigns make do acknowledge and execute all such further and other end page 4 Start page 5 acts deeds conveyances and assurances whatsoever for the better and more effectually conveying and assuring the same premises unto and to the use of the said Purchaser his heirs and asigns or otherwise as he or they shall direct as by him or them or his or their counsel in the Law shall be advised and resonably required IN WITNESS wherof the said parties to these presents have hereunto set their hands and seals the day and year first above written. SIGNED SEALED and DELIVERED (being first duly stamped) by the within neamed George Granger the younger in the presence of: William Todd of West Hertlepool, Butcher. Edward Todd of West Hartlepool, Railway Clerk. SIGNED SEALED and DELIVERED by the withinnamed Richard Parkinson in the presence of: (Sworn by Affidavit) Matthew Gray Roberst Elliott Panneth SIGNED SEALED and DELIVERED by the withinnamed Nathan Hewson in the presence of: Matthew Gray Received the day ad year first within written by me the within named George Granger the younger of and from Nathan Hewson within also named the sum of one hundred and seventy pounds sterling in full for the consideration money within expressed to be paid by him to me As Witnes by hand: £70 George Granger. Witnesses:- William Todd Edward Todd. A Memorial of the within written Deed was Registered at Northallerton the ninth day of April Eighteen hundred and sixty and nine in the forenoon in Book I R page 206 and number 302 R.M. Peirse Register.